Strategies for Reluctant Ancillary Relief Respondents

Margaret Hatwood

Partner Anthony Gold Solicitors

Reluctant respondents include those who are represented and those who are not. The respondent in person is an increasing trend for all sorts of reasons. Amongst the reasons are the lack of public funding for persons of moderate means. Some respondents probably do not accept legal advice so decide to proceed on their own without being fettered by their legal advisers. Dealing with a litigant in person (‘LIP') usually a respondent in person is always a challenge. However it can also provide opportunities.

In the course of over 20 years' professional practice I have encountered a number of different types of reluctant respondent. The first type who is perhaps the most difficult to deal with is the one who threatens; the threats may be of violence or bankruptcy or leave the jurisdiction or disappear. The second type is the non-disclosing respondent. The third is the ostrich who ignores everything and buries his head in the sand.

There are always a number of risks in acting against LIPs. In some cases their strategy may...

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